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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
3
Case No. MISSING
Regular Panel Decision

Peros v. Grace Line, Inc.

Mile Peros, a longshoreman employed by Grace Line, Inc., sought damages for injuries sustained on the S.S. SANTA LUISA, owned by Grace Line, Inc. He filed an action at law against Grace Line, Inc. and a proceeding in admiralty against the ship and Grace Line, Inc. as claimant. The defendant moved to dismiss the actions, arguing that the Longshoremen’s and Harbor Workers’ Compensation Act was the exclusive remedy. Peros countermoved to strike these defenses. The court, citing precedent from Reed v. S.S. Yaka and similar cases, denied the respondent's motion and granted the libelant's motion, concluding that Yaka controlled despite the defendant being the actual owner and stevedore employer.

LongshoremenHarbor WorkersCompensation ActAdmiraltyMaritime LawPersonal InjuryExclusive RemedyShipownerEmployer LiabilityMotion Practice
References
3
Case No. MISSING
Regular Panel Decision

Pereda v. Grace Line, Inc.

This case involves a stevedore who brought an action for personal injuries against Grace Line, Inc., the owner of a ship where the accident occurred. The stevedore, while carrying bananas, fell from a ramp improvised from loose planks. The claim was based on negligence, not unseaworthiness. The court found no evidence that the manner in which the ramp was formed, of loose planks, was contrary to good or accepted practice. Consequently, the complaint against defendant Grace Line, Inc. was dismissed, modifying a previous judgment in favor of the plaintiff. The court affirmed the judgment in favor of the third-party defendants against third-party plaintiff Grace Line, Inc.

Personal InjuryStevedoreNegligenceShip AccidentWorkplace SafetyRamp AccidentLoose PlanksComplaint DismissalAppellate DecisionThird-Party Claim
References
0
Case No. ADJ7263382
Regular
Dec 24, 2015

Grace Navarro vs. CITY OF OXNARD HOUSING AUTHORITY, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE, AMERICAN CLAIMS MANAGEMENT, DELOS INSURANCE, IMPERIUM INSURANCE, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board reviewed a dispute over which insurance carrier was liable for applicant Grace Navarro's cumulative trauma injury. The initial arbitrator found only Pennsylvania Manufacturers Association Insurance Company liable, excluding Delos Insurance. Pennsylvania Manufacturers sought reconsideration, arguing Delos should share liability based on its coverage period. After reviewing the complete evidence, the Appeals Board affirmed the original arbitrator's decision, finding Pennsylvania Manufacturers solely liable.

WORKERS' COMPENSATION APPEALS BOARDGRACE NAVARROCITY OF OXNARD HOUSING AUTHORITYPENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCEDELOS INSURANCEIMPERIUM INSURANCEATHENS ADMINISTRATORSADJ7263382RECONSIDERATIONCUMULATIVE TRAUMA
References
0
Case No. 196-1545-260
Regular Panel Decision

Montague Pipeline Technologies Corp. v. Grace/Lansing & Grace Industries, Inc. (In Re Montague Pipeline Technologies Corp.)

The case involves a motion by Grace-Lansing and Grace Industries, Inc. (Grace) to remand an adversary proceeding back to the New York State Supreme Court, Kings County, and for relief from an automatic stay. The Debtor, Montague Pipeline Technologies, Inc., had removed the action, which concerned the confirmation of an arbitration award in favor of Grace, after filing for Chapter 11 bankruptcy. The Court, presided over by Chief Judge Conrad B. Duberstein, applied the 'Drexel factors' to evaluate the request for remand, concluding that equitable grounds favored sending the action back to state court due to efficient administration of the bankruptcy estate, predominance of state law, and comity. The Court also granted Grace's motion for relief from the automatic stay, finding 'cause' based on the 'Sonnax factors,' to allow the state court to finalize the arbitration award and fix Grace's claim, thereby facilitating the Debtor's reorganization plan.

BankruptcyRemandAutomatic StayArbitration AwardState LawFederal Arbitration ActJudicial EconomyComityChapter 11Dispute Resolution
References
38
Case No. MISSING
Regular Panel Decision
Jun 03, 2009

Navarro v. City of New York

The injured plaintiff, Dorian Navarro, fell from a ladder while attempting to retrieve a dropped tool inside a public school's basement, alleging injuries due to violations of Labor Law §§ 200, 240 (1), 241 (6) and common-law negligence. The Supreme Court initially granted summary judgment to the defendants, dismissing most causes of action. However, the appellate court modified this order, reinstating the Labor Law § 200 and common-law negligence claims against the City of New York and the Board of Education, finding triable issues of fact regarding their liability concerning a dangerous ladder and a slippery grease condition. The claims against the New York City School Construction Authority and the Labor Law §§ 240 (1) and 241 (6) claims against all defendants were properly dismissed, as the accident was deemed too far removed from construction-related activity. The case was modified to deny summary judgment on certain claims and affirmed in part.

Personal InjuryLadder AccidentPremises LiabilityCommon-Law NegligenceSummary JudgmentAppellate DivisionDangerous ConditionProximate CauseTriable Issues of FactProperty Owner Liability
References
12
Case No. 2020 NY Slip Op 02504
Regular Panel Decision
Apr 30, 2020

Matter of Navarro v. General Motors

Claimant Jose A. Navarro sustained work-related injuries in 1996 and was subsequently diagnosed with temporary partial and total disabilities. The Workers' Compensation Board made various decisions regarding his disability awards, particularly from April 1997 to September 2011, and issues related to his attachment to the labor market and alleged fraud under Workers' Compensation Law § 114-a. The Board modified some WCLJ decisions and remitted parts of the case for further consideration. Claimant appealed the Board's decision, but the Appellate Division, Third Department, dismissed the appeal, holding that the Board's decision was nonfinal and did not involve a threshold legal issue, thus precluding piecemeal review. A dissenting opinion argued that certain aspects of the temporary disability awards were final and reviewable.

Disability AwardsTemporary Partial DisabilityVoluntary Withdrawal from Labor MarketNonfinal DecisionAppeal DismissedMedical Evidence PreclusionJudicial RecusalWorkers' Compensation BoardAppellate DivisionClaimant's Testimony
References
13
Case No. MISSING
Regular Panel Decision

In re Grace PP.

This case involves an appeal from a County Court order in Saratoga County. The order directed respondent, as attorney-in-fact for Grace PP. (an alleged incapacitated person, AIP), to pay counsel fees to the AIP's assigned counsel and to the petitioner's counsel. The petitioner, a licensed social worker, initiated a Mental Hygiene Law article 81 proceeding to appoint a guardian for Grace PP., who suffered from dementia and required nursing home placement. County Court appointed a temporary guardian and ordered the respondent to pay counsel fees. The respondent appealed, arguing the AIP was indigent due to Medicaid benefits. The appellate court found no error or abuse of discretion in the County Court's award of counsel fees and affirmed the order, noting the record lacked evidence of the AIP's indigence despite her Medicaid recipient status.

Counsel FeesIndigenceMedicaid BenefitsAttorney-in-factGuardian AppointmentIncapacitated PersonDementiaNursing Home PlacementAppellate ReviewSaratoga County
References
3
Case No. ADJ6488616 ADJ6594232 ADJ6619612
Regular
Apr 20, 2003

Esperanza Navarro vs. MERVYNS, TRAVELLERS

The Workers' Compensation Appeals Board denied Esperanza Navarro's petition for reconsideration in cases ADJ6488616, ADJ6594232, and ADJ6619612. The Board adopted the findings and reasoning of the workers' compensation administrative law judge. This decision upholds the original ruling, denying Navarro's request for further review.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ6488616ADJ6594232ADJ6619612Esperanza NavarroMervynsTravellers
References
0
Case No. ADJ1128865 (VNO 0244369), ADJ1909887 (VNO 0181430)
Regular
Jan 09, 2012

JOE NAVARRO vs. LOCKHEED MARTIN

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Joe Navarro's claims against Lockheed Martin. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found Navarro to be an unreliable historian with significant symptom magnification. Consequently, the Board denied injury claims for heart and high blood pressure, and upheld a 27% permanent disability award for a psyche injury, based on the judge's credibility findings.

ADJ1128865ADJ1909887plastic parts fabricatorplastic parts fabricator supervisorcontinuous traumapsyche injurypermanent disabilitynon-industrial apportionmentcredible historiansymptom magnification
References
5
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